
BfM^ 



.J.. 4: 

1841 



Author. 



Title 



Imprint 



AN ACT 

MAKING 

PROVISION FOR ORGANIZING AND MAINTAINING 

COMMON SCHOOLS. 



1 ACT making provision for organizing and maintaining Common 

Schools. In force Jaly 

1, 1841. 
EC. 1 . Be it enacted by the People of the State of Illinois, re- 
ented in the General Assembly, That for the purpose of 
blishing and sustaining common schools throughout the . 
e, and taking care of and using the resources of the State 
I for purposes of education, the following sections and 
asions shall take etfect as the law of this State, on the 
day of July next: 

FIRST DIVISION. 

'ommon School lands — their protection and preservation. 

Sec. 2. That section number sixteen in every township 

ited to the State, by the United States, for the use of the 

.bitants of the townships for the use of schools, and such 

ions and pans of sections as have been or may be grant- g , , , , 

s aforesaid, in lieu of section sixteen, and also the lands 

:h have been or may be selected and granted as afore- 

, for the use of the inhabitants of fractional township? in 

ch there are no section numbered sixteen, or such section 

1 not contain the proper proportion for the use of schools 

ach fractional townships, shall be held and considered as 

mon school lands, and the provisions of this act referring 

ommon school lands, shall be deemed to include and ap- 

to the lands aforesaid. 

EC. 3. The said common school lands shall be under the ^ ^ 

1 • , J J • • Lands under 

iral supermtendence and care .- ,-,„;. ,,.,, ..- 

3f the several counties in whic ^r co'iusycoi^tV; 

thereof may be situated, ai .. nuy iov^us' 

ly in two or more counties, the le.-s of tr.e to*: 

iras relates to the common sc .4 iands, she ' 

d in that county which contai = -• ■?: rf^;; ; 

said lands. 



4 



Appointment 
of trustees 



Trustees, bo- 
dy politic 



Powers. 



Treasurer 
give bond 



Action a- 
gainet 



All monies to 
be paid to 
school com'rs. 



^■tei^ 



atapo to 



Sec. 4. The county commissioners' court in each county, 
shall, as soon as may be after the passage of this act, ap- 
point three trustees in each township, to be called the "Trus- 
tees of 'School Lands" of said township, who shall be inha- 
bitants and legal voters of ihe township, and whose appoint- 
ment shall continue for foij|^ years, and until successors are 
appointed and qualified. 

Sbc. 5. The said trustees shall be a body politic and cor- 
porate, and may sue and be sued by the name and descrip- 
tion aforesaid; the said trustees before entering upon the da- 
ties of their appointments,, shall take an oath before some offi- 
cer authorized to administer the same, well, and truly and faith- 
fully to execute the duties of trustees of school lands, accor- 
ding to la\^, agreeably to the best of their judgment and un- 
derstanding. 

Sec. 6. The said trustees shall be vested with the follow- 
ing powers, viz: to appoint a treasurer and require him to 
perform the duties of clerk, and such other duties as may be 
imposed by law, or any order of the trustees; to receive by 
deed or otherwise, and hold for the use of any school or 
schools in the township, any real estate, personal property, or 
money, which may be conveyed or delivered lo them for the 
uses aforesaid. 

Sec. 7. Every treasurer appointed under the provisions of 
the foregoing section, shall, before entering upon the duties 
of his appointment, execute a bond with good security, pay- 
able to the said trustees by their corporate name, in a penal- 
ty to be fixed by the trustees, conditioned that he will faith- 
fully discharge all the duties of his appointment according 
to the laws now or hereafter to be in force; the security shall 
be approved" by the trustees, and the bond shall be deposited 
with and kept by the school commissioner of the county, and 
for any breach in the conditions thereof, an action miiy be 
maintained against the obligors jointly or severally, and re- 
coreries may be had thereon until the whole penalty shall be 
recovered. 

Sec. 8. The trustees shall cause all monies collected or 
obtained for rents, or recovered for trespasses, or which may 
otherwise come to their hands for the use of the township to 
be paid over to the school commissioners of their respective 
counties, to be applied to the support of schools as hereinaf- 
ter required. 

Sec. 9, The trustees shall render an account of their re- 
ceipts and disbursements annually, to the county commission- 
<-„ ^c their f'snfictive counties, and on failure to do 
iiable jni severally out of their own estates 

ome to their possession, and joint 
maintained in the corporate name 
;sijip, for tho K-iCovery thereof; such action to be 
ni\i\i\f \\:^-- (in. ction of the countv commission- 



I.;: 



0-- /■■'■ ^ iZ ^ «•' 7 

Trespassing upon Common School Lands. 

^ Sec. 10. If any person shall, without being authorized, 
i '^cut, fell, box, bore, destroy or carry awaj any black or white rp 

{/\ walnut; black, white, yellow or red oak; white wood, poplar, lands 
. i^wild cherry, blue ash, yellow or black locust, chesnut, coffee, 
v" or sugar tree, orsaplingstanding, growing, or lying upon any 
common school land, such person shall forfeit and pay for 
every tree so cut, felled, boxed, bored, or carried away, the 
sum of eight dollars; and if any person shall, without autho- 
rity as aforesaid, cut, fell, box, bjre, destroy or carry away 
any tree or sapling not herein above enumerated, standing, 
growing or lying upon any common school lands as aforesaid, 
such person shall forfeit and pay for every such tree or sap- 
ling so cut, felled, boxed, bored, destroyed or carried away, 
the sum of three dollars, and the penalties aforesaid shall be 
recoverable with costs of suit, by action of debtor assump- 
sit, either in the corporate name of the trustees of school ^"^® i"' ''®" 
11 /-I 1 • 1 ■ I 1 1 111 1 • covered 

lands of the township to which the land belongs, or by action 

quilam, in the name of any person who will first sue for the 
same, one half for the use of the person suing, and the oth- 
er half for the use of the township aforesaid. When two 
or more persons shall be engaged or concerned in the same 
trespass, they shall be jointly and severally liable (or the pe- 
nalties herein imposed. 
j Sec. 11. Every trespasser upon common school lands 

shall be liable to indictment, and upon conviction, to be lined j[""ictment 

' . ^ . , I „ior trespass 

in not less than three nor more than six times the amount of 

injury occasioned by such trespass, and shall stand commit- 
ted as in other cases of misdemeanors; all fines imposed un- ^I'f'*^^'^'^^" 
der the provisions of this section, shall be paid to the school 
commissioner of the county, for the use of the township in- 
jured. 

SECOND DIVISION. 

Election of School Commissioners, and sales of Common 
School Lands. 

Sec. 12. On the first Monday in August next, and on the 

same day every two years thereafter, there shall be elected ^''^'^^'^^^ o' 
I 1 !•/> 1 r 1 I "■ • 1 ei school com'r 

by the qualified voters oi each and every county in the State, 

a school commissioner for the said county, who shall be au- 
thorized to execute and perform the duties herein required, 
he shall, before entering upon his duties, execute a bond pay- t • k ^ 
able to the people of the State of Illinois, with two or more 
responsible freeholders as security, to be approved of by the 
county commissioners' court, in a penalty of not less than 
twelve thousand dollars, and with such increase as the court 
may direct, having regard to the nature and extent of du- 
ties and responsibilities, conditioned that he will faithfully 



perform all the duties of the office of school commissioner 
for the said county, according to the laws now, or which may 
hereafter be in force, by which bond the obligors shall be 
bound jointly and severally for the performance of the con- 
ditions thereof, and upon which an action or actions maty be 
maintained for the use of any township or fund injured by 
any breach thereof, and joint actions may be maintained 
to the use of two or more funds. 

Sec. 13. The election provided for in the foregoing sec- 
Election and {iQn^shai[ he held and the returns thereof shall be made in con- 
comV°^ °^ nection with the election of county commissioners, and all 
contests in relation to said election, shall be decided as in 
the cases of contested elections for the office of sheriff or 
coroner. 
Vacancies ^^^' ^'^' When any vacancy shall occur in the office of 

how filled school commissioner of any county, the county commission- 
ers' court of such county shall appoint some competent per- 
son to fill the vacancy until the election snd qualification of 
another person, the person so appointed, shall give bond with 
^ security as is required of persons elected to said office: Pro- 

Proviso, vided, however, That when a vacancy occurs within twelve 
months of the time of the biennial election provided for in 
Term of office this act, the person appointed shall continue in office until 
such election, and the qualification of the person elected. 
. Sec. 15. When any such vacancy shall occur more than 

year before e-t^^'^^ months previous to the time provided for the 
lection biennial election, the vacancy shall be filled by election as is 

provided in cases of vacancies in the office of county com- 
missioners. 

Sec. 16. The said commissioner shall make sale of the 
Salj of lands common school lands held for the use of each township in 
his county; upon the terms, and in the manner required by 
Township '^^' ^^ ^'^'^^' ^^^" ^^^ funds of the township, apply the in- 
funds terest accruing upon township funds to the support of schools, 

and perform such other duties as may from time to time be 
required of him; said commissioner shall also attend to the 
collection of all demands in favor of the several townships 
in their counties, and to the settlement of the accounts of 
trustees, and whenever necessary to the prosecution of suits 
for the recovery of demands in favor of townships, and all 
monies collected shall be faithfully applied, and used as re- 
quired by law. 

Sec. 17. The said commissioner shall execute a new bond 
annually, conditioned as required in the first bond, but the 

. °™,V" ^^'^ execution of a new bond shall not release or impair the lia- 

bond annu- ... , i i • • i i r 

ally bility upon the lormer bond existmg at, and beiore the de^ 

livery of the new one, 

P ,, Sec. 18. The said commissioner shall be subject to remo- 

removed val by the county commissioners' court for misapplication of 

, f the funds, failure to make reports as required by law without 



'7 

a reasonable excuse, failure to execute bond with good secu- 
rity as required bj law, or for any other palpable violation of 
law or omission of duty. 

Sec. 19. If at any time the county commissioners' court Additional 
shall have reason to believe that the security of the school ^°^^ 
commissioner is insufficient, by reason of insolvency or oth- 
erwise, said court shall require the commissioner to execute 
another bond with additional security, in such penalty as 
shall be deemed sufficient, conditioned as the first bond, and 
upon failure to give such security the commissioner may be 
removed from office; the execution of a new bond shall not 
affect the old one, or the liability of the security thereon. 

Sec 20. The said commissioner shall provide well bound d , , r 
books for the foUowin g purposes : First. A book in which he cord " 
shall record at length all petitions presented to him for the 
sale of common school lands, and the plats and certificates 
of valuation made by or under the direction of the trustees 
of school lands, and all the affidavits in relation to the same. Record of sale- 
Second. A book in which he shall keep a list of all sales of of land, &c. 
school lands, v^^hich list shall contain the date of sale, names 
of purchasers, quantity and description of lands sold, and the 
sum sold for. Third. A book in v^^hich he shall keep a regu- 
lar account of money received and paid or loaned out. And 
fourth, A book in which he shall keep a statement of money 
loaned, showing the date of each loan, the person to whom 
loaned, the time for which the loan was made, the rate of in- 
terest, names of securities when personal security is giv- 
en, or in case of real estate, a description of the same, 
which books shall be paid for out of the county treasuries of 
the counties in which they are used; the accounts of each 
township and fund, shall be kept separate, as well as the list 
of sales. 

Sec. 21. When the inhabitants of any township shall de- Petition for 
sire the sale of the common school lands of the township, ^^'® 
they shall present a petition to the school commissioner of 
their county, requesting a sale thereof, which petition shall 
be signed by at least two-thirds of the white male inhabitants 
of the township, over twenty-one years of age. The signing 
of the petition must be freely and voluntary, in the presence 
of two citizens of the township, after the true intent and 
meaning thereof shall have been made known and explained 
to each petitioner; when the petition shall have been so 
signed, an affidavit shall be endorsed thereon, or thereto at- 
tached, by the two citizens in whose presence the same was 
signed, proving the signing in the manner aforesaid, and the 
said petition with the affidavits aforesaid, shall be delivered 
to the commissioner for his action thereon: Provided, That ^'"''^'^** 
no sale shall be made of any whole section of school lands, 
unless the township to which it belongs contains at least fif- 
ty inhabitants. 



Affidavit of Sec. 23. When a petition shall be presented to a school 
m a itants commissioner for the sale of common school lands as provided 
for in the preceding section, he shall be authorized to receive 
the affidavits of reputable citizens of the township as to the 
number of white male inhabitants over twenty-one years of 
age, and if it shall appear from such affidavits that two-thirds 
of the whole number have signed the petition, the commis- 
sioner shall proceed to sell the lands as herein required. 
Lands of frac. Sec. 23. School lands granted and held for the use of 
^°ips mav^be ^'^^^^^'^*'^^' townships, may be sold when the number of inha- 
sold. ' bitants in such fractional township shall bear as large a pro- 
portion to the quantity of school lands granted, as the num- 
ber of fifty bears to an entire section of land. 
' Sec. 24. When the requisite petition and affidavits have 
Subdivisionof^een furnished to authorize a sale of common school land, 
lands. the school commissioner shall notify the trustees of school 

lands thereof, and said trustees shall immediately pro- 
ceed to subdivide the said lands into tracts or lots, in such 
form and quantity as will best suit purchasers, and produce 
the largest amount of money; and after making such subdi- 
vision, a correct plat of the same shall be made, representing 
Lhe whole land, and the divisions thereof, with each lot num- 
bered and marked, so as to enable purchasers to identify the 
same, and so as to perpetuate the boundaries thereof. The 
valuation. trustees shall then fix a value upon each lot; having regard 
to the terms of sale, and attach to the plat a certificate veri- 
fying the correctness of the plat (stating the value of each 
lot per acre, or by the lot in case the lot contains a less quan- 
tity than one acre) and referring to and describing the lots 
in the certificate, so as to fully and clearly distinguish and 
identify each lot; which plat and certificate shall be deliver- 
ed to the school commissioner, and shall govern him in ad- 
vertising and selling said lands. 

Sec. 25. In subdividing common school lands for sale, no 

No lot more lot shall contain more than eighty acres, and the division 

'ban 8ft acres, may be made into town or village lots, and streets, alleys, 

and roads, may be laid out by the trustees through any of 

Laid out in such lands, for the public accommodation, and such streets, 

)oTs& streets, alleys and roads, being marked and laid down upon the plat 

of the land, shall be sufficient evidence of the dedication 

thereof; and where common school lands have heretofore 

been divided into lots, with streets, alleys and roads passing 

Snet;ts public through the same, such division shall be deemed legal, and 

/uKiwaje. ^j^^ streets, alleys and roads so laid out are hereby declared 

public highways. 

Sec. 26. The terms of selling common school lands shall 
'rnaids* ^^^^ ^® ^° ^^^ highest bidder for cash, with the privilege, to each 
purchaser to borrow the amount of his bid for any period not 
less than one, nor more than five years, upon his paying in- 
terest, and giving security as in the case of money loaned. 



':Jl!B!fi. 




' 9 

Sec. 27. The place of selling common school lands shall Lands to be 
be at the court house of the county in which the land is situ- house^' '^""'^^ 
ated, and upon the reception by the school commissioner of 
the plat and certificate of valuation of school lands from the 
trustees, he shall proceed to advertise the said land for sale, 
or lots as divided and laid off by the trustees, by posting no- Advertise- 
tices thereof in at least six public places in the county, forty ment. 
days previous to the day of sale, describing the land, and 
stating the lime, place and terms of sale; said notice shall also 
be printed and published four weeks in a newspaper printed 
in the county where the sale is to be made, if there be any 
such paper, but if no newspaper is published in the county, 
the sale shall be made upon posting the notices as aforesaid: 
Provided^ however^ That notices of such sales may be publish- proyjgo 
ed in any newspaper having general circulation in the coun- 
ty, if in the opinion of the commissioner, such notice will 
produce competition in bidding, or enhance the amount of 
sales. 

Sec. 28. The order of sale shall be according to the num- Order of sale, 
bers of the lots, beginning with the lowest number, and pro- 
ceeding regularly until the whole are sold or offered; no lot 
shall be sold for less than its valuation by the trustees; sales 
shall be made between the hours of ten o'clock, A. M. and 
six o'clock, P. M., and may be continued from day to day un- 
til completed; the lots shall be offered separately, and each 
lot cried a sufficient length of time to enable all who desire to 
bid. Each purchaser failing to comply with the terms of sale, 
shall be bound to pay the difference between his bid and the 
price for which the lot may be sold. 

Sec. 29. Upon the closing the sales on any day, each pur- When lands 
chaser shall pay or secure the payment of the purchase mo- ^°^^^*^^''^^ 
ney according to the terms of the sale, or in case of his failure 
to do so by ten o'clock of the succeeding day, the lots pur- 
chased shall be again offered for public sale, on the same 
terms as before, and if the valuation shall be bid, shall be 
stricken off; but if the valuation is not bid, the lot shall be set 
down as not sold; if a sale is made, the former purchaser shall Former pur- 
be required to pay the difference between the price sold for chaser to pay 
and his bid; if a sale is not made he shall be required to pay ^ e'^nc^- 
the difference between his bid and the valuation of the lot;^ 
and in case of his failure to make such payment, the sctiool 
commissioner may forthwith institute an action of debt or 
assumpsit, in favor of the trustees of school lands of the town- 
ship for whose use the land was sold, lor the sum required, Act'n against 
and upon making proof of the facts shall be entitled to judg- purchaser, 
ment with cost of suit, and if the amount claimed shall not 
exceed one hundred dollars the suit may be before a justice 
of the peace, but if more than that sum the action shall be in 
the circuit court of any county wherein the party may be 
found. 



10 

School lands g^.^^ 39. All lands not sold at public sales as herein pro- 
private sale, vided for, shall be subject to sale at any time thereafter at 
valuation, and commissioners are authorized atid required 
to sell all such lands at private sale upon the terms at which 
they were offered at public sale. 
Record of S^^' ^1* Upon the completion of every sale by the pur- 
sales, chaser, the school commissioner shall enter the same on his 
sale book, and shall deliver to the purchaser a certificate of 
purchase, stating therein the name and residence of the pur- 
chaser, describing the land, and stating the price paid there- 
Certificates, for, which certificate shall be evidence of the facts therein 

stated. 
Statement of ^^^- 32. At every regular term of the county commis- 
aales, &c. sioners' court, each school commissioner shall present to the 
court of his county, the following statements: First, A state- 
ment shewing the sales of school lands made subsequent to 
the preceding term of the court, which statement shall be 
copied from the sale book, and contain all the facts required 
to be stated in said book. Second: Statements of the amount 
of money received, and paid, and loaned out, belonging to 
each township or fund, under his control, the statement of 
each fund to be separate. Third: Statements copied from 
his loan book, showing all the facts in relation to lands which 
are required to be stated in the loan book. 
Certificate of gjjc. 33. The said commissioner shall also at the times 
aforesaid, transmit to the Auditor of Public Accounts a full 
and exact transcript from his sale book, of all the sales made 
subsequent to each report. The list of sales filed with the 
county commissioners, shall be filed and preserved, and shall 
fi]g(j also be copied by the clerk of said court, in a well bound 

book provided for that purpose, and the list transmitted to the 
Auditor shall also be filed, preserved, and copied in like 
manner. 
Patents for ^^^* '^^' Every purchaser cf common school lands shall 
land. be entitled to a patent from the State, conveying and assu- 

ring the title. Patents shall be made out by the Auditor 
from the returns made to him by school commissioners. 
They shall contain a description of the land granted; shall be 
Howexecuted in the name of and signed by the Governor, countersigned by 
the Auditor, with the great seal of State afl&xed thereto 
by the Secretary of State, and shall operate to vest in the 
purchaser a sure, perfect and absolute title in fee simple. 
When patents are executed as herein required, the Auditor 
shall note on the list of sales, the date of each patent in such 
manner as to perpetuate the evidence of its date and delive- 
Patents sent ry, and thereupon transmit the same to the school commis- 
t o school com. sJQner of the proper county, to be by him delivered to the 
patentee or his assigns, upon the return of the original certifi- 
cate of purchase, which certificate, when returned, shall be 
filed and preserved by the commissioner. 



Sec. 35. Certificates of purchase of school lands may be Certificates of 

r T T • T T •, 1 1 purchase 

transrerred and assigned by written endorsement thereon, transferable. 

under the hands of the purchaser, and of each assignee, in 
the same manner as promissory notes, so as absolutely to trans- 
fer and vest in each and every assignee successively, all 
right, title and claim to the land purchased, or such transfers 
or assignments may be made on a separate paper, in like 
manner, and with like force and effect; and patents may be 
issued to any such assignee, upon filing with the Auditor the 
original certificate and transfers, and making proof of the facts 
of assignment by the affidavit of one or more credible wit- 
nesses, taken before a judge, justice of the peace, notary pub- 
lic, or clerk of a court of record, or a certificate of acknowl- 
edgement by the assignor or assignors, before any one of the 
before named officers. 

Sec. 36. Purchasers of school lands, and their heirs and |^"plicate pa- 
asssigns, may obtain duplicate copies of certificates of yur- cured, 
chase and of patents, upon filincr affidavits with the Auditor 
in respect to patents, and with the school commissioner in 
respect to certificates, proving the loss or destruction of the 
originals; such copies shall be evidence of the existence of 
the original. 

THIRD DIVISION. 

Gf the loaning school funds. 

Sec. 37. School commissioners shall loan all monies Monies loan- 
which shall come to their hands in virtue of their offices, (ex- ed at 12 per 
cept such interest as may be required to be paid for the sup- ^'^'^'• 
port of schools,) upon the following conditions: the rate of 
interest shall be twelve per centum per annum, payable half 
yearly in advance, the time for which loans may be made Interest to be 
shall be not less than one, nor more than five years; for all paid semi-an- 
sums not exceeding one hundred dollars, loaned for one year, °"^ ^' 
two responsible securities shall be given; for all sums over 
one hundred dollars, and for all loans for more than one Term of loans 
year, security shall be given by mortgage on real estate, un- 
incumbered, in value double the amount loaned, with a con- 
dition, that in case additional security shall at any time be 
required, the same shall be given to the satisfaction of the 
commissioner for the time being. Notes and mortgages 
shall be payable to "the school commissioner of the county," 
without inserting the name of the commissioner, for the use 
of the township or fund to which the money loaned belongs, 
and such notes and mortgages shall be valid although the name 
of the school commissioner be not inserted as payee, and the 
money may be collected thereon by suit or otherwise in the 
name of the "school commissioner of the county," for the use Proviso 
stated, without using the name of the commissioner in the 
prosecution thereof: Provided, however, That notes and mort- 



12 

gages in which the name of the school commissioner is inser- 
ted shall be valid to all intents and purposes. 

Sec. 38. Mortgages to secure the payment of school funds 
loaned, may be in the form following: 

Form of mort- «i^ j^ g,^ of the county of and State of 

" do hereby grant, convey and transfer to the school commis- 

sioner of the county of for the use of the inhabi- 

tants of township range (or for the use of 

the county school fund of the county of ) the follow- 

ing real estate, (here describe the premises,) which real estate 
I declare to be in mortgage for the payment of ^ 
loaned to me by the said school commissioner, and all inter- 
est that may accrue thereon, to be computed at the rate of 
twelve per centum per annum until paid; and I hereby cove- 
nant to pay the said sum of money years from the 
date hereof, and to pay interest on the same at the rate afore- 
. said, half yearly in advance; I further covenant that I have a 
good title to said estate, and that the same is free from all 
incumbrances; that I will pay all taxes and assessments which 
may be levied upon said estate, and if said estate is sold to 
pay the aforesaid debt or any part thereof, I will deliver im- 
mediate possession to the purchaser. Witness my hand and 
seal, this day of 18. [l. s.]" 

Upon the breach of any condition or stipulation contained 
in said mortgage, an action may be maintained, and damages 
recovered as upon other covenants, but mortgages made in 
any other form, to secure the payment of school funds, shall 
be valid, and the rights and remedies thereon shall be the 
same as if no form had been prescribed for such mortgages. 
Valueoflands Sec. 39. In estimating the value of real estate mortgaged 
mortgaged. ^^ secure the payment of school funds, the value of improve- 
ments liable to be destroyed shall not be included. 
When securi- Sec. 40. In all cases when the school commissioner shall 
'y^^"°'Siv^n require^ additional security for the payment of money loaned, 
and such security shall not be given, the commissioner may 
sue for and recover the same, and all interest accruing there- 
on to the date of judgment: Provided^ That proof be made 
of the said requisition, and of the failure to comply with the 
same. 
Shall have Sec 41. In the payment of debts by executors or admin- 
preference istrators, those due to school funds, whether of the State, 
county or township, shall have a preference over all other 
debts, except funeral and other expenses attending the last 
sickness, not including the physicians bill. -•' ' 
What "interest Seo. 42. If default be made in the payment of interest 
m default of(j,je upon money loaned by any school commissioner, or in 
^ ^ ' the payment of the principal, interest at the rate of twenty 
per centum per annum shall be charged upon the amount 
for which the party is, or may be in default, which shall be 



13 

included in the assessment of damages, in suits or actions 
brought upon the note or mortgage to enforce pajment 
thereof, and interest at the rate aforesaid maj be recovered 
in actions brought to recover interest only. 

Sec. 43. School commissioners shall keep an interest ac- Interest acc't. 
count with each township, showing the dates and amounts of 
interest received and paid out, and at the end of every year 
this account shall be balanced by transferring interest not 
paid, or liable to be paid out, to the principal, and the inter- 
est thus transierred shall always thereafter be regarded and 
used as principal. 

FOURTH DIVISION. 

Organization of Common Schools, and application of interest. 

Sec. 44. The interest accruing upon township funds, and 
all profits arisins; from the use of township lands, and all Interest and 
-iPii- ,.1 ,1 X J • ^ pronts how 

rents received, shall be applied to the. support and mainte- ^pp]jeji 

nance of common schools, which may be organized and kept 
according to law. 

Siac. 45. Any number of inhabitants of one or more 
townships may associate themselves together and purchase, not Association 
exceeding ten acres of land, and cause the same to 'be con- may purchase 
veyed to the trustees of school lands in the township wherein ^^^^ 
the land is situated, by their corporate name, and place 
thereon a school house, together with any other buildings 
which they may deem necessary for the keeping in opera- 
tion a common school, and for the encouragement of learning 
and science generally, and the said land and improvements, 
shall be held by the said corporation in perpetuity for the Lands held Ir 
use of the inhabitants associating and purchasing as afore- peipetuity 
said, and their successors and assigns forever, and the same 
shall not be diverted from the use intended, nor used for any 
purpose than as shall or may ba directed by the persons for 
whose use the same may be held. 

Sec. 46. There may be organized and kept in operation p^^^ ^^ ^.^ 
as many common schools in each school district as the in- trict school, 
habitants thereof desire, and every teacher shall be entitled 
to an equal proportion of the district funds according to the 
time and number of scholars taught: Provided, That no ppo^^gg 
teacher shall be paid more than the amount agreed to be al- 
lowed by the employers. 

Sec 47. Wiienever a school shall be organized, the em- 
ployers of the teacher shall meet together at the school Appointmen! 
house and appoint three of their number as trustees of the of trustees 
school, and they may then agree upon the plan and manner 
of conducting the school, and vest the trustees with power 
to atrend to the execution of such plan, or they may vest the 
tiustees with power to superintend and direct the conducting 
and managing said school in such manner as they may deem , 



4 



14 

best for the interest of the school; the trustees shall be ap- 
pointed within ten days after the school shall have been 
opened, and their term of service shall continue during the 
Proviso continuance of the school: Provided^ If the school shall be 

continued more than one year, trustees shall be elected at the 
commencement of each succeeding year. 
Duties of trus- Sec. 48. Trustees of schools appointed according to the 
tees foregoing section, shall attend the school from time to time, 

and see that the same is properly conducted; that the teacher 
keeps regular hours; that the school house is properly sup- 
plied fuel, and such furniture as may be necessary to the ac- 
commodation of the scholars; they shall also have special re- 
gard to the keeping of a schedule by the teacher in such 
manner as to entitle him to compensation out of the school 
funds. 
™ . Sec. 49. Teachers shall make schedules of the names of 

make sched-^'l^ scholars attending their schools in the form prescribed by 
Mies this act, and when scholars reside in two or more townships, 

separate schedules shall be kept for each township, and the 
absence or presence of every scholar shall be set down under 
the proper date and opposite the name, on every day that 
the school is open; the absence of a scholar shall be signified 
by the letter A, and the presence by the letter P. 

Sec. 50. The schedule to be made and returned by the 
teacher, shall be, as near as circumstances will permit, in 
the following form, viz: 



Q 

"i 
ta 

s 

00 


p 

B 
a 

CO 

o 
s 
a 
? 


O 

o 
«-« 
o 

B 
A 
m 


Names of scholars 
residing in township 
sixteen north, range 
five west. 


SCHEDULE of a common school kept by A, B. at {here dMme the location of the house in which the school 
is kept) in township sixteen noHh, range five west, of the third vrincipal meridian, in the county of {Sanga- 
mon,) and State of Illinois. 

. II 


Form of sche 
dule 


> 


►» 


1841. 
Monday, January 4, 




> 


-s 


Tuesday, January 5. 

— 




> 


►s 


Wednesday, January 6. 




>fl 


Thursday, January 7. 




►8 


►8 


Friday, January 8. 




>« 


"S 


Monday, January 11. 




>fl 


►8. 


Tuesday, January 12. 




>fl 


►8 


Wednesday, January 13. 




"B 


►8 


Thursday, January 14. 




>■ 


►8 


Fridaj', January 15. 




►8 


►8 


Monday, January 18. 


^'^iNk 


►8 


•B 


Tuesday, January 19. 




►a 


►8 


Wednesday, January 20. 




•fl 


•3 


Thursday, January 21. 




13 


►8 


Friday, January 22. 




►9 


►8 


Monday, January 25. 




>1S 


►a 


Tuesday, January 26. 




>B 


>8 


Wednesday, January 27. 




►d 


►0 


Thursday, January 28. 




"B 


•fl 


Friday, January 29. 




Oi 


a 


Total. 





16 

Certificate of Sec. 51. The teachers shall certify to the correctness of 
teacher ^^^ schedule. This certificate shall be as near as circunri- 

stances will permit, in the following form: "I certify that the 
foregoing schedule of the names of the scholars therein na- 
med, residing in township range is cor- 
rect. Given under my hand this day of 
in the year of our Lord one thousand eight hundred and 

J. R., Teacher." 

^ Sec. 52. The form of certificate to be added by the trus- 

tees, shall be, as near as circumstances will permit, in the fol- 
lowing form, to-wit: 

F^r^nfo..- STATE OF ILLINOIS, } 

r orm of certi- r~i j /• ?• 

ficate of trus County ot y 

tees. We certify that at a meeeting of the employers of A. B., 

the above named Teacher, held at pursuant to notice 

on the day of in the year we were 

duly appointed trustees of said school, that we have perform- 
ed the duties of such trustees by visiting said school, and su- 
perintending the same; that we have examined the foregoing 
schedule, and find the same to be correct; that the scholars 
named therein were at the dates of their attendance, residents 
of township sixteen north, range five west of the ^hird prin- 
cipal meridian, and that there is due to said teacher for in- 
structing the scholars named in said schedule at the times 
tierein mentioned, the sum of dollars and cents. 

■^jPltness our hands and seals this day of 184 . 

C. D. ) Trustees 
E. F. V of said 
G. H. 3 school. 

Close of sche- ^^^' ^^' ^^ closing schedules by teachers, they shall make 
dules by tea- a list of the names of the scholars attending the school in each 
chers. district, then add together the number of days which each 

scholar has attended the schools, and set down the total num- 
ber of days opposite the names of such scholars, he shall then 
add together their several amounts, and set down the total 
number at the bottom of the schedule; and when schedules 
are thus closed, teachers shall certify to the correctness there- 
of; and the trustees fsjf the school shall carefully examine such 
schedules, and after c6rre»pting any errors which they may dis- 
cover, they shall make a certificate thereon, in which they 
shall state that they are trustees of the school, that they have,. 
to the best of their skill and understanding attended 
to the duties of trustees, that they have examined said 
schedules, and believe them to be correct, and to have 
been faithfully kept. They shall also state the compensation 
agreed to be paid the teacher by the employers, and the 
amount due such teacher, 
fund^^'^^ow ^^*^^' ^^' '^^^ township funds, subject to be used in paying 
payable. teachers, shall be paid out half yearly, (viz:) on the second 



17 

Mondays of January and Jaly, and schedules of schools shall 
be made so as to include (he last days of December and June, 
and such period of time previous to those days, not exceeding 
six months, as schools may have been kept in operation. 

Sec. 55. In townships not incorporated, the schedules of Schedules »f 
schools made and certified as herein required shall be P''e- fucorporated. 
sented to the school commissioner of the county on or beiore 
the drst Mondays in January and July in each year, and said 
commissioners sliall, as soon as may be, make an appoitionment 
of the funds of each district subject to distribution, among the 
teachers thereof according to the number of scholars and num- 
ber of (iays taught by each teacher, and pay the same to the 
teachers, or to the trustees of the school, for the use of the 
teacher, or when the teacher has been paid by the employers, 
the trustees shall receive the money for the use of the em- 
ployers, 

ISec. 56. The employers of the teachers shall agree upon Emploj-ers of 
the compensation to be allowed, and shall severally be bound teacherB 
to pay their due proportions of the same; but in making dis- 
tribution, or dividends of school funds among teachers, the 
same rate of compensation shall be allowed to each. 

Sec. 57. When from any cause the trustees of a school ^^'j^^tlf ^certify 
shall fail, neglect or refuse to certify to the correctness of agchedules. 
schedule kept by any teacher, five of the employers of the 
teacher may ma^e the certificate required to be made by tl:e 
trustees. 

FIFTH DIVISION. 

Incorporation of townships. 

Sec. 58, The inhabitants of any congressional township Townships 
in the State may become incorporated for the purpose of or- p^ated.^"'''" 
ganizing and supporting common schools, and the trustees of 
school lands appointed by the commissioners' courts, shall, so 
soon as the school lands of the township have been offered 
for sale, cause elections to he held in their respective town- 
ships to enable the inhabitants to decide for or against being 
incorporated under the provisions of this act; the time and 
place of the election shall be appointed by the said trustees, 
and notice shall be given by posting advertisements thereof 
at six of the most public places in the township, at least twen- 
ty days before the day of election, and if there be a news- 
paper published in the township, said advertisement shall be 
published in at least three numbers of said paper before the 
election. The trustees shall attend the election, and conduct 
the same, two of them acting as judges, and one as clerk. A 
poll book shall be opened with appropriate heading and co- Poll book, 
lums, the names of the voters shall be taken down, and their 
votes for or against the incorporation of the township, set down 
in the proper column, so as to show how they voted. Every 
2 



18 

inhabitant of the township, wha, at the time of the election 
would have the ri^ht to vote for a representative to the Gen- 
eral Assembly, shall be entitled to vote; the vote shall be taken 
viva voce. The poll shall be opened by nine o'clock in the 
morning, and shall not be closed until five o'clock in the even- 
ing, and if all the votes shall not have been taken by five o'clock 
in the evening the poll shall be continued open until all the votes 
are taken; and when the votes are all taken, the said trustees 
shall carefully add up the columns and ascertain and publish the 
result. They shall also verify the correctness of the poll 
book, by their certificate thereon endorsed and signed; and if 
it shall appear from the said election that a majority of all the 
legal votes given are in favor of being incorporated, the said 
trustees shall appoint the time and place for holding an elec- 
tion for tiustees of said township, but if such majority does 
not appear from said election, no farther proceedings shall be 
had by the trustees, but the business of the township shall 
remain as though no election had taken place. 
When subse- Sec. 59. Elections shall be held as required in the fore- 
quent elec- going section, previous to the lands in the township being of- 
held!^ ^ ^fered for sale, upon the written request of ten legal voters of 
the township, and if, at any election held for the purpose of 
deciding upon the question of incorporation, the majority shall 
not vote in favor of being incorporated, subsequent elections 
shall be held upon the written request of twenty legal voters 
of the township, and the provisions of the foregoing section 
shall be pursued at every such election. 

Judges of elec- ^^^' ^^^' ^^"^ ^^^® ^"J ^^^ ^^ more of the trustees shall fail 
tion may be to attend any election, held under the foregoing sections, the 
appointed, qj^q q,- more in attendance, shall select from the freeholders 
and voters of the township, one or more peisons to act in the 
place of those absent, and in case no one of the trustees at- 
tend, then three freeholders and voters of the township shall 
be selected by the voters present to act as trustees during the 
election; and persons selected as aforesaid shall perform the 
duties required of the trustees, and the proceedings shall be as 
valid as if had, or done under the direction of the trustees. 
Election of ^^^' ^^' When the inhabitants of a township shall have 
trustees. decided in favor of being incorporated, they shall elect five 
trustees to superintend the business and affairs of the township 
in relation to schools and education. The trustees shall 
be legal voters and freeholders of the township, and if there 
be time, in the opinion of the trustees superintending the elec- 
tion, for the election of trustees to be held on the same day 
that the vote is taken upon *he question of b^ing incorporatedj 
an election shall be held by the said trustees on the said day, 
for five trustees as aforesaid, and the vote shall be taken vwa 
voce^ and the persons having the highest number of votes, shall 
be elected; but in case there shall not be time to hold said elec- 
tion of trustees at the time aforesaid, the trustees shall hold 
said election within ten days thereafter,: and shall give at least 



19 

five days notice of said election, by posting notices thereof in 
at least four public places in the township. 

Powers and duties of Trustees of Schools. 

Sec. 62. The five trustees elected under the provisions of Powers of 
the foregoing sections, shall be successors to the trustees of ''■"^^^^^• 
school lands, and shall have and exercise all the rights and 
powers, and duties of trustees of school lands; thej shall 
be styled and known in law as "Trustees of Schools" of the 
township in which they are elected; and all rights of property, 
and rights and causes of action existing, or vested in the trus- 
tees of the school lands, for the use of the inhabitants of the 
township, or any part of them, shall vest in the "Trustees of^^™®"^ ^'J^^ 
Schools" as successors; and the said township shall, upon the 
election of trustees as aforesaid, be a body corporate and politic, 
by thd name and style of "trustees of schools of township 
range ," according to the numbers, and the corporation shall 
have perpetual existence, and have the power to sue and be 
sued, plead and be impleaded, in all courts and places where 
judicial proceedings is or may be had or allowed; said trustees 
shall continue in office two years, and until others are elected 
and enter upon their duties. 

Sec. 63. Upon the election of trustees of schools, the p^u jj^^j^g ^^ 
trustees of school lands or the persons under whose superin- whom given, 
tendence the election was held, shall deliver to the school 
commissioner of the county, the poll books of both elections 
held by them, with a certificate showing the election of trus- 
tees, and the names of persons elected, which poll books with 
the certificates thereon shall be preserved, and shall be evi- 
dence of the incorporation of the township, as well as of the 
election of trustees. 

Sec. 64. In townships incorporated as aforesaid, elections Biermial elec- 
shall be held every two years for the five trustees of schools, tions for trns- 
and at each election after the first, the trustees in office shall ^®®3- 
appoint the time and place of holding the same, and two of 
the body shall act as judges, and one as clerk of such election, 
and notice of the time and place of the election shall he given 
by the treasurer, by posting notices thereof in four of the 
most public places in the township, at least twenty days be- 
fore the day of election, and the poll books of such elections, 
with certificates of election endorsed, shall be returned to the 
school commissioner of the county as required in relaton to 
the first election. 

Sec. 65. If any vacancy shall occur in the office of school y^^j^jj^.^g 
trustee in any township in this State, it shall be the duty of how filled.' 
the tieasurer of the township to give notice to the legal voters 
of the township by posting up written notices in three of the 
most public places in the township, that an election will be 
held to fill such vacancy; said notice shall be put up at least 
two weeks before the day fixed for such election, the said no- 



20 

tice to designate the time when, and place where such, 
election will be held. 
TownsJiin ^^^' ^^' Trustees of schools shall have a general superin- 

how Jaid off. tendence over all schools kept in the township; they shall have 
power to lay off the township into school districts, suited to 
the wishes, and convenience of a majority of the inhabitants 
in each district, distinctly describing the same by boundaries 
and name or number. To purchase libraries lor the use of 
schools, to provide for the protection and safe keeping of all 
Ry-laws. funds, and proj)erty of the township; to adopt by-laws direct- 
ing the mode of conducting schools, and defining and regula- 
ting the powers and duties of all officers and agents of the 
corporation; and also, to call meetings of the voters of the 
township, or of any school district therein, for the purpose of 
acting upon any question, or subject relating to schools, or 
the cause of education in the township, 
c^mrierij Sec. 67. The said trustees shall meet quarterly at some 

jiaeeung "'"convenient place in the township for the transaction of busi- 

ness, at which meetings a majority shall form a quorum. 
Treasurer to Sec. 68. The said trustees shall, at their first meeting, ap- 
keep journal, point some competent and qualified voter of the township as 
treasurer of the board, whose duties shall be to keep a fair and 
regular journal of the proceedings, actings and doings of the 
trustees; recording at length all by-laws and any resolution 
adopted; to act as clerk of any meeting of the voters of the 
township, and record all the proceedings of such meetings; to 
receive and take care of, according to law, all the funds 
, of the township, to loan the funds of the township, and 

pay out the interest for the support of schools; to keep 
regular accounts of the funds of the township, and to per- 
form such other duties as may be prescribed by law, or 
required by the trustees. The treasurer shall continue in 
office, until the expiration of the time of service of the trus- 
tees by whom he was appointed, and until the appointment 
of a successor; but shall be subject to removal by the trustees 
at any time for any improper conduct. 
Treasurer to Sec. 69. Every treasurer appointed as aforesaid shall, be- 
give boml . ^q^q entering upon his duties execute a bond with two or more 
freeholders as security, payable to the trustees of schools of 
the township for which he was appointed treasurer, in a suffi- 
cient penalty to cover all liabilities which maybe incurred, 
conditioned "that he will faithfully perform all the duties of 
treasurer of the trustees of schools in township , range 

, according to the laws now, or which may hereafter 
be in force." The security shall be approved by the trustees 
of schools; and the bond shall be filed with, and kept by the 
school commissioner of the county ; and every treasurer ap- 
pointed subsequent to the first, as herein provided, shall exe- 
cute bond with security, as is required of the first treasurer. 
When treas- Sec. 70. Whenever a township shall have become incor- 
«rer shall re- poratcd, and the bond of the treasarer approved and delivered 
&C. to the school commissioner, the said treasurer shall receive 



iv-M'.i ihe school commissioner, all :o mej in his hands belong- 
, i«g to the nwnsi)ip; also, all bondb, mortgages, notes, and se- 
curities of every description, for iriO ley or property due, or to 
become due the township; and aii i ipers of every description 
belonging or in anywise pertaining jo the rights or interests of 
the said township, and the receipt of such treasurer to the 
lichool con missiCner shall be carefully preserved, and shall be 
in evidence o[ the farts therein stiii jd, as well in favor of the 
school coaimissioner, as against the treasurer. 

Loaning Township Funds, 

Sec. 71. Every treasurer of a township shall provide him- Treasurer to 
self with two well bound books, one to be called a cash book provide books 
and the other a loan book; he shall charge himself in the cash 
book with all money received* stating in the charge, from 
whom, on what account the same was received, and credit 
himself with all money paid, and loaned; stating in the credit , 

to whom paid and on what account, or if loaned, to whom. 
He shall enter in the loan book, the name of every person to 
whom money is loaned; the amount loaned,' the date ot the 
loan, the rate of interest, the time when payable, the names 
of the securities, or if real estate be taken, a description of the 
game. He shall also provide a book, in which he shall record 
the actings and proceedings of the trustees and the proceed- 
ings of the inhabitants of the township when assembled in pub- 
lic meetings; which books shall at all times be subject to the ex- 
amination and inspection of the trustees, and of any committee 
appointed by the inhabitants of the township to examine the 
same. 

JSec. 72. In loaning township funds, and taking security Treasurer u> 
therefor, treasurers shall be governed by the law prescribing'^^" mnds. 
and regulating the duties of school commissioner in relation ^ 
to loans, and the rights and liabilities of persons borrowing 
money from treasurers, shall be the same as though the money 
had been borrowed of the school commissioners; notes, bonds, 
mortgages, ani other securities taken for money or property 
due or to become due trustees of schools for the ttse of town- 
ships, shall be payable to the said trustees of schools, by the 
<:orporatie name, and in such name, suits, actions and com- 
plaints, and every description of legal proceedings may be had 
for the recovery of money, the breach of contracts, and for 
every legal liability, which may at any time arise or exist, 
upon which a right of action may accrue, to the use of the 
corporation. 

Sec. 73. The funds of townships shall be kept loaned at Funds kept 
interest by the treasurers, and the interest arising from the ^'''^"^'^'• 
funds shall be used under the direction of the trustees in pay- 
ing teachers of Schools; but whenever money is paid to the Interest, how 
treasurer, it shall be forthwith loaned, whether it consists of t^Jsposed of. 
interest or principal, unless the interest shall be required for 
the use of teachers, within twenty days from the date of 
its reception, in which case it shall be retained for such use. 



oo'nT^' ^^" Sec. 74. Treasurers shall keep a separate account of in 
terest received and loaned oat, and if, at the end of any year, 
the whole interest shall not hnve been applied to the suitport 
of schools, the amount not applied shall be added to the prin- 
cipal, and shall always thereafter be considered in all respects 
as principal. 
SaTemem ' '^'^' -^t ^ny [every] quarterly meeting of the trustec?» 

the treasurer shall exhibit to them a statement of the condi- 
tion of the funds of the township; and an examination shall 
be made of the cash and loan book, and interest account; and 
of the notes, mortgages, and all securities and papers pertain- 
ing to the business or funds of the corporation. 

Sec. 76. On the first days of July and January, of every 
Statement of jear, or if that day shall be the Sabbath, on the succeeding 
interest. ^^^^ ^1^^ treasurers shall state the interest account, so as to 
ascertain the amount of interest then due on the funds; and 
the amount so found to be due shall be subject to distribution, 
for the support of schools: and if the treasurer shall not have 
w"dist^ributimi ^'^® amount on hand, the same shall be paid out of the first mo- 
neys received. The trustees shall attend on the said days, and 
assist in making said interest account, and see that it is cor- 
rectly made. 
When treasu- ^^^* '^'^' ^^,^^ ^ treasurer shall resign or be removed or 
rer resigns, superseded in office, he shall pay over to his successor all mo- 
ney on hand, or which ought to be on hand, and deliver over all 
the books, notes, bonds, mortgages, and all other securities for 
money, and all other papers, books and documents of every 
description to the township, or in which the corporation may 
^iecurities of have au}^ interest whatever. And in case of the death of a 
treas'r bound, treasurer, his securities and legal representatives shall be 
bound to comply with the foregoing provisions of this section. 
Sec. 78. The mode of organizing and keeping in opera- 
tion common schools in townships incorporated, the appoint- 
Organization ment of trustees for each school, the keeping and certifying 
school™"*'" schedules, shall be the same as is provided for in townships 
not incorporated, except that the schedules of schools shall bo 
returned to the treasurers of townships, instead of the school 
commissioner of the county. 
Abstract of ^^^* ''^* Treasurers of townships shall, before the second 
schools made Mondays in January and July of every year, make abstracts 
^y treasurer from all the schedules of schools returned to them, showing the 
tees in ^distri- "^"^^ of each teacher, the total number of scholars attending 
bating funds, each school, and the total number of days taught by each 
teacher, to be used by the trustees in dividing the school 
funds. 

Sec. 80. The trustees of schools shall call a meeting of the 

Annual ra;et- inhabitants of every township incorporated under the provi- 

ing of inhabi-sions of this act, once in every year, for the purpose of exhi- 

tants. biting statements of the condition of the school funds of the 

township, and giving information concerning the state of the 

schools, and of the measures adopted by the trustees in the 



23 

execution and performance of their duties. Notices shall be 
given of those meetings as in the case of elections for trustees; ^°*^?^ °^ 
and at every such meeting the legal voters of the township " 

may adopt such resolutions and prescribe such rules and regu- 
lations concerning the duties of trustees and the organizing 
and supporting common schools, as may be deemed necessary 
to an erficient organization and economical support of com.mon 
schools-. 

Teachers of Schools, and their qualifi''ations. 

Sec. 81. The " Trustees of Schools," in incorporated 
townships, an4*' School Trustees," in townships not incorpo- 
rated, shall have power, and it shall be their duty, on applica- of^teachers*" 
tion to them for that purpose, to examine any person propo- 
sing to teach a school in their vicinity, in relation to the quali- 
fications of such person as a teacher; and they may call to 
their assistance such parson or persons as they may deem 
qualified to conduct such examination; or may, in their dis- 
cretion, appoint a board of examiners for said purpose, to con- ■^^^™^°*''^- 
sist of not less than three nor more than five persons, and to 
continue in ofiice until the next appointment of trustees. A . 
majority of the trustees or the board of examiners being satis- 
fied that the applicant possesses the requisite qualifications, ^^''*j^°^^^ *" 
shall give a certificate to that effect, stating the particular 
branches of science which they find him qualified to teach. 
And no teacher shall be entitled to receive any compensation ^^^^1 i^o^ 'e- 
from the school fund until he shall have been examined and aT^exaEwned' 
received a certificate of qualification, as herein provided. 

Compensation of School Commissioners, Treasurers and Trustees. 

Sec. 8*2. School commissioners shall be allowed and paid, Compensat'n 
out of the township funds, for their services in receiving and ° °°™™ ^^• 
recording petitions for the sale of school lands, advertising, 
selling, making reports, taking security for the purchase mo- 
ney, or loaning the purchase money, in case it is paid, three 
per cent, upon the amount of sales: For receiving money 
which has been loaned and re-loaning the same, two per cent, 
upon the amount reioaned; and two per cent, upon the amount 
of all sums distributed and paid to teachers or trustees for the 
support of schools. And the compensation of treasurers of O^ treasurera. 
townships shall be the same as that allowed, school commis- 
sioners for the same services; but the two per cent, for recei- 
ving a id re-loaning money shall not be allowed unless there 
has been [an] actual payment and re-loaning to another and 
different person: Pwvided, however, That trustees of schools proTJso, 
shall have the right, and it is made their duty, to reduce the 
compensation of treasurers, if in their opinion the compensa- 
tion herein allowed is more than is reasonable, or if the inha- 
bitants of the township, in public meeting, shall request or di- 
rect such reduction. Trustees of schools shall not be allowed 



24 

Pay of trus- any compensation out of the school funds. Trustees of school 

*^®^' lands and their treasurers, in townships not incorporated, shall 

be allowed a reasonable compensation for their services, to be 

fixed by the county commissioners' court, and paid, upon the 

order of said court, out of the funds of the township, 

Regulations in relation to liabilities of Officers and Agents, and 
to frauds. 

•. u-i't . f ^EC. 83. If any school commissioner of a county, trustee 
officers. ^^ school lands or ot schools, treasurer, or any other person 

entrusted with the care, control, management or disposition of 
school funds belonging to the State, or to any county, or town- 
ship, or 10 any school district, or which may be held for tlie 
use of any school, shall convert any such funds, or any por- 
tion thereof, to his own use, with intent to defraud the State, 
county, township or school, out of the same, he shall be liable 
to indictment, and, upon conviction, shall be fined in not less 
than double the amount of money converted, and imprisoned 
in the county jail not less than one nor m.ore than twelve 
months, in the discretion of the court. 

Sec. 84. Trustees of srhool lands and of schools, shall be 
liable, jointly and severally, for the sufliciency of securities 
Trustees li'i- taken from treasurers; and in cases of judgments against trca- 
lies of treas'r. surers and their securities, for or on account of any default of 
such treasurers, on which the money shall not be made, for 
want of sufficient property whereon to levy executions, aciions 
on the case may be maintained against the trustees, jointly or 
severally; and theamount notcollected on sqch judgmentsshall 
be recovered with costs. 

Sec. 85. The real estate of school commissioners and treasu- 
_ rers and their securities, shall be bound lor the satisfaction and 

C_/ODfiin p*' vfcc . 

seal estate of pj'iymcnt of all claims and demands against such commission- 
when liable, ers and treasurers, as such, from the dale of the issuing process 
against them, in action or suits brought to recover such claims 
or demands, until satisfaction thereof be made; and no sale or 
alienation of real estate, by any commissioner, treasurer or se- 
Lien created curily, as aforesaid, shall defeat the lien created by this sec- 
Roi defeated j.Jqj^ . ^J^j- ^w ^^^^ singular such real estate, held, owned or 
property. claimed, as aforesaid, shall be liable to be sold, in satisfaction 
of any judgment which may be obtained in such action or 
suits. 

Common School Fund of the State. 

I Sec 86. The common school fund of the State, shall con- 
sist of the amount due irom the State, according to a state- 
School fund, ment and settlement of the account between the State and that 
fund, under the provisions of the act, entitled "An act to pro- 
vide for the distribution and application of the in (;e rest on the 
school, college, and seminary iunds," approved, on the seventh 
day of February, one thousand eight hundred and thirty-five; 



2li 

and of all funds which have been or may be received by the 
State from the United States, for the use or support of common 
schools; and, pIso, of the money added to the common school 
fund, which was received from the United States, under the 
act of Congress, providing for a distribution of the surplus re- 
venue of the United States, and which was vested in bank 
stock, by authority of the State. 

Sec. 87. The State shall pay an interest of six per cent. State to pay 
per annum, upon the amount of the aforesaid common school ^°|®r®8* "^ 
fund, which interest shall be paid annually, on the first day of^'^^''^ "" ' 
January, and be applied to the support of common schools, as 
hereinafter provided. The State shall also pay, at the time 
aforesaid, an interest of six per cent, per annum, upon 
the amount due the college and seminary funds; which inter- gJI'^^J^^'m^^Jj^ 
est shall be loaned to the common school fund, and applied school fund, 
with the interest on the common school funds, as aforesaid. 

Sec. 88. On the first Monday in January, ii^ every y ear, ^^j^jj^^jj^ 
next after taking the census of the State, the Audiior of Pub- of interest, 
lie Accounts shall, under the supervision of the commissioners 
of the school fund of the State, ascertain the number of inha- 
bitants in each county in the State, twenty years of age and 
under; and shall theieupon make a dividend to each county, 
of the interest due upon the school, college and seminary funds, 
in proportion to the number of persons in each county, of the 
age aforesaid, and issue his warrants to the treasurer for the 
amount due each county, in favor of the school commissioner 
or other authorized agent thereof; and dividends shall be made 
according to the proportions ascertained to be due each coun- 
ty, annually thereafter, until another census shall have been 
taken, and then apportionments shall be made and continued 
as aforesaid, according to the last census. 

Sec. 89. The money received by school commissioners, Interest ap- 
upon Auditor's warrants, issued according to the foregoing sec- portioned to 
tion, shall be divided among the several townships and frac- ""' ^ P ■ 
tional townships in each county, according to the number of 
white children in each township, under the age of twenty 
years, agreeable to the following provisions of this act: The 
money shall be paid to the treasurers of incorporated town- 
ships, and to teachers or trustees in townships not incorpora- 
ted. In cases where teachers have been paid by the employ- 
ers, the money shall be held for their use; and when the teach- ,p , 
ers have not been paid by the employers, the money shall be paid hj em- 
paid by the school commissioners and treasurers directly to the ployersj to be 
teachers. Payments under this section shall be made at the P^^'^ directly 
time the mterest on township funds is paid, m January, or so 
soon thereafter as the funds are obtained from the Stale Trea- 
surer. 

Sec. 90. In townships where teachers have been paid the y^, . 
full amount due them, out of the interest on the township to be added to 
funds, the money paid to treasurers, under the foregoing sec- principal, 
tion, shall be added to the principal fund of the township, and 
be loaned and used as principal forever thereafter. 



26 

Distribution of School Funds, 

tt-i f-«« ^fAi Sec. 91. It shall be the duty of the letral voters within 
rectors and each school district laid on bj the trustees, to meet at the 
term of office, school house, or other suitable place, on the first Saturdij of 
October next, or so soon thereafter as the township may be 
incorporated and districts laid off, and on the first Saturday in 
October, biennially, thereafter, and elect three persons, house- 
holders within the district, to be styled "School Directors," who 
shall continue in office for the term of two years and until their 
Quorum. successors are elected. A majority of the said directors shall 
constitute a quorum to do business; and the board, when con- 
Power of di-vened, shall have power to select building places, and to pro- 
rectors. yj(jg £qp jjjg building of school houses, to furnish them with the 
necessary accommodations, to employ teachers and fix upon 
their salaries, to visit schools from time to time, and appoint 
school visiters, and to make all such rules and regulations as 
may be necessary and proper, and not contrary to the laws of 
this State. 

Sec. 92. It shall be the duty of the school directors of 
List of chil- each school district to furnish the treasurer of the proper 
ed^t^easurer**' township, by the first Monday in December next, and by the 
first Monday in December, biennially, thereafter, with the 
number of all white children, under the age of twenty years, 
p . residing within the said district: Provided, That "trustees of 

school lands," in townships not incorporated, containing not 
more than one school district, or their treasurer, shall make the 
enumeration required by this section, and report to the school 
commissioner, and receive their distributive share of the school, 
college and seminary funds, according to the provisions of this 
Further pro- act: And provided further^ That no compensation shall be al- 
Tiso. lowed to school directors for any services required to be per- 

formed by this act. 

Sec 93. Trustees of school lands, in townships not incor- 
Bistricts laid porated, shall lay off their respective townships into school 
® ' districts; and should no school directors be elected on the first 

Saturday in October next, they shall immediately appoint 
three suitable persons, in each school district, who shall have 
the same powers as school directors in incorporated townships, 
and be liable to the same penalties. The persons so appointed 
shall make the enumeration in each district, and report the 
same to the trustees of school lands, or to their treasurer, and 
returns shall be made by the trustees or treasurer, to the 
school commissioner, in the same manner that returns are re- 
quired to be made by treasurers of incorporated townships. 
Sec. 94. The treasurer of each incorporated township in 
Abstract of this State shall, on or before the first Monday in January next, 
fu^rnis'hed'" ^^ ^"^^ °'^ the first Monday in January, biennially, thereafter, fur- 
Bchool com'r. nish the school commissioner with an abstract, containing the 
whole number of white children, under the age of twenty 
years, residing within his township; and the school commis- 



27 

sioner shall apportion the interest arising from the school, col- Apportionm't 

lege and seminary fund, according to the number of children ^^^^^"Ij^p^g^' ^° 

urfcder the age aforesaid, and shall pay over the distributive 

share belonging to each township to the respective treasurers 

thereof or other authorized person, annually. 

Sec. 95. The treasurer of each township shall charge him- y^ .•„ f„^„ 
ir • , ,, /. 1 1 1 11 1 . ° , Duties ottrea- 

sell with the amount oi the school, college and seminary lundgurers of 

which he may receive from the school commissioner, for each townBhips. 

school district — shall pay to the teachers entitled to the same, 

their respective portions; and shall credit himself with the 

amount paid to the teacher or school directors of each district; 

but no apportionment of money shall be made to any school 

district, unless a return of the number of white children is 

made, according to the provisions of the ninety -second section 

of this act; and it shall be the duty of each treasurer to make 

and keep a record of the boundaries of each school district 

within his township, which shall be subject to the inspection 

of all persons interested. 

Sec. 96. It shall be the duty of treasurers of townships to Returns of 
lay befora the trustees of schools, at their semi-annual meet- f°.^°°u r ° ^^ 
ings, in July and January of each year, a record of the returns -trustees, 
madti by the school directors, according to the ninety-second 
section of this act, containing the number of all white children, 
under the age of twenty years, in each school district, within 
their respective townships; and the trustees shall make the 
apportionment of the interest and profits arising from the town- 
ship funds, and the interest arising from the school, college and 
seminary funds, equally, according to the number of white 
children, under the age of twenty years, within each school 
district, respectively. 

Sec. 97. The treasurer of each township, whether incor- 
porated or not, shall keep the accounts of the several school ■^.*^''°"°'^,°'^ 
districts in his township separate; but no money shall be paid separate. ^ 
to teachers, in school districts, unless the directors of such 
district shall certify to the schedules and number of resident 
scholars sent to school, and shall also specify the amount actu- 
ally due to the teacher or the directors; and in case of excess 
over and above the amount actually due to the teacher or 
directors of any school district, the same shall be added to and 
form a part of the school fund of the township. And in all Neglect to 
cases, when the inhabitants of any school district shall fail or keep schools 
neglect, for a longer period of time than ten months, iu suc-'^"'" lO months, 
cession, to have a school kept within the lirnits of their district, [ 

the distributive share belonging to the said district shall be 
added to and form a part of the school fund of the township, 
and loaned out as other township funds are: Provided, That Proviso, 
district funds, in the hands of the treasurer, shall be loaned 
out, for the time being, in the same manner and on the same 
terms that township funds are. 

Sec. 98. When two or more schools are kept in any "^r {"". "°f 
I IT • , .1 11 • 11. • I >i 1 schools in one 

school district, the money belonging to such district shall be district. 



^8 

paid to the teachers or directors, in proportion to the number 
, of resident scholars Jittcnding school, or the school directors 
shall make such distribution as to them may appear just and 
equitable. 
w . Sec. 99. Whenever the situation of the settlements is 

districts shall ^"^'^ '^^ ^^ make it expedient that a school district shall corn- 
unite for prise por' ions of two or more incorporated townships, such 
schools district mny be established and its boundaries defined and al- 

tered by the concurrent action of the trustees of the several 
townships in which such school district is comprised. 

Skc. 100. School directors of districts which are compo- 
Parts of dis'sed of parts of two or more counties or townships, shall make 
ceive norti'cm ^^''^''"^ ^^ ^'^® number of white children in each Iractional 
of funds. part of said district to the treasurer of the pmpcr tow.iship, 
and shall perform the same du'ies that are required to be per- 
formed by other school directors, and each fractional part of 
such district shall receive its respective portion of all money 
arisinop or pertaining to the county or township to which such 
fractional part properly belongs. 

n,-,„«.^- Sec. 101. School directors, or cither of them, failing to 

Directors ma- , „ r i •> i • i • i- • 

king false re- make loturns ot the number or children in their distiict ac- 

lurns. cording to the provisions of this fict, or if either of them 

shall knowingly make a talse return, the party offending 
shall be liable ♦^o a penally of not le«s than ten, nor more than 
one hundred dollars, to be recovered before any justice of the 
peace within the precinct, in the name of the "trustees of 
schools," and which penalty, when so collected, shall be ad- 
ded to the township fund. 
Citizens to Sec. 102. In all cases when the township funds can be 
have prefer- safely loaned, within the limits of the township, the citizens 
®"''^' thereof shall have the preference, and it shall be the duty of 

the treasurer to loan out the funds to resi:'ents of the town- 
Proviso, ship in sums not exceeding one hundred dollars: Provided, 
That actual purchasers of school hihds may borrow sums 
over one hundred dollars. 

Sec. 103. In all cases of purchase or donation of land on 
Conveyance which to erect school houses, the conveyance shall be made 
of lands. ^^ jj^g trustees of schools, and their successors in office* 

Ferries, Public Highways, SfC, 

Sec 104. That whenever it shall be considered necessa- 
ry to establish a ferry across any lake, river, creek, or other 
watercourse, within the limits or upon the borders of this State, 
p . at any point or place where such lake, river, creek or, other 

right. water course shall pass through or upon any common school 

land, or shall form a boundarj'^ line of such land, the exclu- 
sive right to establish and keep in operation such ferry, 
shall be in the township or fractional township, for the use 
Proviso. of the inhabitants, of which such school lands are or may be 
held: Provided, That where the school lands are bounded by 
the stream and situated entirely on one side thereof, the ex- 



I 



29 

elusive right hereby vested shall only extend to the establish* 
ment of a ferry from the side on wtiich the land is situated, 
but the ferry privileg-^ on both sides may he granted by the 
proper authorities to the township or fractional township 
aforesaid. 

Skc. 105. If the township or fractional township having -vvhen ferrj 
the right to establish a ferry according to the ioregoing shall be gran- 
section, shall have been, or be incorporated, then the 'e^* 
ferry license shall be granted to the corporation, and all 
the rights and emoluments pertaining to, or growing out 
of the license and privilege, shall be enjoyed forever; but if 
there be no such incorporation, the license should be granted 
to the trustees of school lands, appointed by the commission- 
ers' courts, to be held by them until the incorporation, when 
the license and all the ferry rights granted or existing shall 
vest in the corporation, to be held and enjoyed TvS aforesaid. 

Sec. 106. Ferry privileges granted or obtained under the 
foregoing provisions, shall be leased in the same manner as Ferry privi- 
common school lands, and the rents shall be collected and^^^^s- 
applied in the same manner and to the same objects as rents 
of land. 

Sec 107. When any public road, canal, or other public - 
work, shall belaid outer constructed over or upon any com-^^™^,S®^ "■' 
raon school land, so as to injure the same, or lessen the value 
thereof, damages shall be assessed and paid to the extent of 
the injury, to the trustees having the care and supervision of 
the land, for the use of the township interested; and the pro- 
ceedings in assessing the damages shall be had under the laws 
of the State, providing for such assessments in reference to the 
lands of individuals or private corporations. The trustees 
having the charge or supervision of the land, shall be the par- 
ty to ttie proceedings, representing the rights and interests 
of the townships or inhabitants represented. And the right Right of way.. 
of way for roads, canals and other public works, over and 
upon common school lands, shall and may be obtained by the 
proper authorities, by instituting proceedings against trust- 
tees; or trustees may obtain damages aiising from the open- 
ing or using lands tor any road, canal or other public im- 
provement, under and according to the laws regulating the 
right of way. 

Acts repealed. 

Sec 108. The following acts and parts of acts are hereby , 

repealed: 

"An act to prevent trjspassing by cutting timber," appro- 
ved, seventeenth February, one thousand eight hundred and ^^^^^.^^1^ j^ 
nineteen, so far as it rel.ites to sections number sixteen. I819,repealed 

"An act relating to schools," approved, seventeenth Feb- 
ruary, one thousand eight hundred and twenty-seven. ' ' 

*'An act to prevent persons from trespassing on seminary 



30 

Jan. 26, 1826, and school lands," approved, twenty-sixth of January, one 
thousand eight hundred and twenty-six, so far as it relates to 
section number sixteen-. 

"An act authorizing the sale of section number sixteen, or 

Jan. 22, 1829. such lands as may be granted in lieu thereof, to the inhabi- 
tants of such townships for the use of schools," approved, 
twenty-second of January, one thousand eight hundred and 
twenty-nine, and the act amending the same, approved, fif- 

Feb. 15i 1831. teenth of February, one thousand eight hundred and thirty- 
one. 

Mar. 1 1833. "An act to provide for the application of the interest of the 
fund arising from the sale of school lands belonging to the 
several townships in this Staite," approved, first March, one 
thousand eight hundred and thirty-three. 

Feb. 12, 1S33. "An act authorizing a credit on sales of school lands," ap- 
proved, twelfth of February, one thousand eight hundred and 
thirty-three. 

Feb. 22, 1833. "An act confirming certain leases of school lands," appro- 
ved, twenty-second February, one thousand eight hundred 
and thirty-three. 

Feb. 12, 1835. "An act providing for the security of the school funds," ap- 
proved, twelfth February, one thousand eight hundred and 
thirty-five. 

Feb. 7 1835. "An act to amend the act entitled 'An act to provide for 
the application of the interest of the fund arising fiom the 
sale of school lands belonging to the several townships in this 
State,' " approved, first March, one thousand eight hundred 
and thirty-three, approved, seventh February, one thousand 
eight hundred and thirty-five. 

Jan. 16,1836. "An act to provide for the distribution and application of 
the interest on the school, college and seminary funds," ap- 
proved, seventh February, one thousand eight hundred and 
thirty-five, and the act amending the same, approved, six- 
teenth January, one thousand eight hundred and thirty-six. 

Mar. 4, 1837. "An act to amend the several laws in relation to common 
schools," approved, fourth March, one thousand eight hun- 
dred and thirty-seven. 

Feb 27 1839. "-^^ ^^^ *" addition to the several acts authorizing and 
* regulating the sale of school lands," approved, twenty-sev- 
enth February, one thousand eight hundred and thirty-nine. 

F b ifi I8sq "Ai^ ^ct authorizing ferries on school lands, for the use of 
' ' the inhabitants of townships," approved, sixteenth of Febru- 
ary, one thousand eight hundred and thirty-eight, [1839.] 

Feb. 3 1840. "An act further to amend the several acts in relation to 
common schools," approved, February third, one thousand 
eight hundred and forty. 

Operation, construction and effect of this law, 

Com'ra, &c. Sec. 109. School commissioners appointed heretofore, 
to continue, gj^^j^ continue in ofiice until superseded according to the pro- 



31 

visions of this act, and their duties, responsibilities and pow- 
ers shall be governed by the provisions herein contained* 
Trustees of school lands heretofore appointed by county com- 
missioners' courts, shall also continue to discharge the du- 
ties of their appointments, and shall hereafter be governed 
and bound by this act. Townships heretofore incorporated, 
shall, without any further action or proceeding, be considered 
as incorporated according to the provisions of this act, and 
the trustees and other officers shall continue to discharge 
their duties until superseded by elections or appointments, 

but the rights, powers and duties of all such officers shall be ^^S^^^ ^ ^^'^ 
1,11 • • 1 r -s f 1 1 1 J '1^3 01 omcers, 

regulated by th j provisions hereoi. Leases oi school lands 

shall remain valid, and be executed according to the laws 
under which they were made. Common school lands, valued 
and offered for sale, and remaining unsold, shall be sold upon 
the terms prescribed in this act. All contracts made under the 
laws hereby repealed, shall remain valid, and all rights, reme- 
dies, defences, and causes of action existing, or which may 
hereafter arise or exist under or by virtue of said repealed 
laws, shall continue and remain valid, and shalll be enforced dared valid, 
notwithstanding the repeal of said laws. 

Approved, February 36, 184L 



I N D E x; 



'^Abstracts of schools made by Treasurer, 
Acts repealed, _ . . 

Accounts of district to be kept separate, 
Annual bond of school commissioners, 
report of trustees, 
meeting of inhabitants, 
■ Apportionment of interest, 
Auditor, certificate of sales to, 

patents to be issued by, - 

Bond of township treasurer 

school commissioner 

additional - 

Treasurer of school lands 
Books for record - - - 

Common school lands, protection of 
trespasses on 
County commissioners superintendents of lands - 
Commissioners of schools- See school commissioners. 

Debts due school fund to have preference 
Districts to be laid off . - 

Divisions of law, first 

second 

third 

fourth 

fifth 

Elections, school commissioner 

direcfors . . _ 

trustees _ _ . 

to incorporate townships 
returns - - - 

Ferries on school lands - . . 

Fines for trespasses on lands 

how applied 
Forms of morto:ap;es _ . _ 

schcdulr-a of schools 
Frauds how puni>hod 
Funds, comnina school fund of State 

township - . _ 

to be kept loanod 



25, 27 



20 
5 
7 



13 
17 

6 
26! 

18 

17,18 

6 

28, >1 

■^5 

5 

12 

15,16 

24 

24,25 

6' 

31 



IE 



Funds, school, college and seminary - . - 25 

Indictments for trespass - - - 5 

Incorporation of townships . > . 17 

Interest account - - - - 13, 22 

on school fund - - - - 11 

quarterly, statement of - - - 21 

to be paid annually - - - 11 

to draw 12 per cent. - . . 11 

when 20 per cent, may be charged - - 12 

how applied ... - 21 

apportionment of - - -25 

townships . - - 27 

when added to principal - - - 25 

Journal of trustees . . - . 20' 

Judges of election ■> - . - 18 

Lands, certificates of purchase transferable - - 11 

record of sales - - - - 7 

when may be entered at private sale - - 10 

when considered not sold - . • - 9 

order of sale .... 9 

in fractional townships - . _ 8 

common school, county commissioners superintendents of 3 

trespasses on - - - - 5 

trustees of - - - - 4 

sale of - - - - 5 

mortgaged - - - - 11 

report of sales to county court - ~ 10 

valuation of - - - - 8 

subdivision of - - - - 8 

lots and streets may be laid out on - - 8 

time of sale - - - - 8 

place of sale - - - - 9 

advertisement for sale - . » 9 

what considered common school - - 3 

trustees of. See trustees. ^ 

Liens on school lands - - - - 24 

Loans of township funds - - - 6, 11, 21 

terms of - - - - 11 

citizens to have preference for - - 28 

mortgage to secure - - - 11 

Monies to be paid to school commissioner 

loaned, record of - - 
at 12 per cent. 

Mortgages to secure loans, - - - 11 

- form of - - - - 12 

Organization of schools - • - - - 13, 22 

N^ents for lands how executed - " , " ^^ 



10 

, school commissioner - - " l II 

ates, how obtained - - ' ^t 

lie of lands " ' " ' 

. . - - '26 

. - - 29 

lools, how made , . . 27 

by directors - - " ^^ 

lands . - - • ^'^ 

tional - - ' 14 \i 

chools, form of - " " ^'*? ^^ 

'.. ^orporated . - - 17 

pt for ten months . - - 2^ 

more in one district . - - 37 

. . isioner, all monies to be paid to - - 4 

election of - . - p 

to give bond - - " ^ 

vacancy in, how filled - - 6 

term of office - - - 6, o\) 

shall make sale of lands ■■ '- 6 

to loan township funds - - 6 

annual bond - - 6 

may be removed from office - 6 

additional bond - - '^ 

Books for record - - '^ 

Record of sales of lands - - '^ 

' petition to, for sale of lands - 7 

sales to be entered of record - . 10 

certificates of sale ' - - 10 

to receive patents - - 10 

interest account - - 1«^ 

compensation of - - 23 

liability of '. C - - 24 

estate of, bound - - 24 

Teachers of schools how paid - - - 25 

to make schedules - - - 14 

certificate of - - " 1^ 

compensation - - 'on 

examination ... 23 

certificate of - - - ^^ 

Township fund, how payable - ' - - \^ 

may be incorporated, and how - ' oa 

how laid off - - " "^ 

Treasurer of school lands, how appointed - * 4 



toreceiYfc -iongine' 



j ' ^o?r' book 

to loan lunos - 

interest account 

semi-annual report, 

term of oiEfice - -j 

quarterly statement 
resi<=»'nation or removal -j 

securities of, bound ', , , '' 

to make abstracts from schedules, ot 
comp'^.nsatioa of - - 

liability - * , j, ' 

list of children to be furnished to 
to furnish sQhool com'r with g-bstraj , 
charge himself with funds 
record of school returns 
accounts of schools kept separate 
district funds loaned 

Trespasses on Bchool lands - . " 

- ^ fines for, how received 

persons may be indicted for 

Trastees of fichooUands, how appointed 

created a body politic - 

to appoint treasurer 

shall pay monies to school commiss: > ^ - 

to report annually 

appointment of 

duties of , ', K J 1 

cerlificato of, to teuchcrs' schedule 
to attend the election to incorporate 
successors of 
enumeration of scholars 
heretofore appointed 
Trustees of schools, election o^ 

suc'^esJors to trustees of school lands ^ 

Vacancies, how filled • .^ 

no lay off townships - ■%^., 

quarterly meetings - ' ;■:,, 

to appoint treasurer ^ . . ' «, „.„ S,-> 

to call annual meetings of inhabitants — 

to examine teachers - " J'^ 

compensation of • 04 

liable for securities of treasurer , ^^ 

semi-annual meetings of - ■,^, 

journal of - '>■ 

to make interest account - 

form of certificate of 



ii«k 



iv 



